Students can access the CBSE Sample Papers for Class 12 Legal Studies with Solutions and marking scheme Set 2 will help students in understanding the difficulty level of the exam.
CBSE Sample Papers for Class 12 Legal Studies Set 2 with Solutions
General Inshructions :
- The Question Paper contains 4 sections – A, B, C and D.
- Section A contains 20 Multiple Choice Questions for 20 marks.
- Section B contains 8 short answer type questions for 2 marks each.
- Section C contains 8 questions for 3 marks each.
- Section D contains 4 long answer type questions for 5 marks each.
- Internal Choice is given in the Paper. There is no overall choice.
Tine : 3 hours
Max. Marks : 80
SECTION A
Question 1.
Indian police have extensive powers for crime detection and investigation. But such powers should not impinge upon the rights of the accused. This right has been guaranteed under
(a) Article 20(3)
(b) Article 21
(c) Article 22
(d) Article 20(4)
Answer:
(a) Article 20(3)
Question 2.
A Judge of the Supreme Court may resign his office by writing a letter to
(a) the Chief Justice
(b) the President
(c) the Prime Minister
(d) the Law Minister
Answer:
(b) the President
Question 3.
Assertion (A) BR Ambedkar, the Chairman of the Drafting Committee of the Constituent Assembly, has termed Article 13 as the ‘Heart of the Constitution’.
Reason (R) This Article provides explicitly the powers of judicial review to the courts in the matters of fundamental rights.
Codes
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A)
(b) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A)
(c) Assertion (A) is true, but Reason (R) is false
(d) Assertion (A) is false, but Reason (R) is true
Answer:
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A)
Question 4.
An informal dispute resolution method where the two parties discuss the issues before a neutral third party who will assist the parties to reach an agreement.
(a) Mediation
(b) Arbitration
(c) Conciliation
(d) Judicial determination
Answer:
(a) Mediation
Question 5.
Who among the following is the Chairman of the Lok Adalat?
(a) Sitting/Retired Judge
(b) Lawyer
(c) Activist
(d) Retired Judge only
Answer:
(a) Sitting/Retired Judge
Question 6.
Assertion (A) All contracts are agreements but all agreements, are not contracts.
Reason (R) An agreement must be enforceable by law in order to be a contract.
Codes
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A)
(b) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A)
(c) Assertion (A) is true, but Reason (R) is false
(d) Assertion (A) is false, but Reason (R) is true
Answer:
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A)
Question 7.
The word ‘tort’ has been derived from
(a) Greek word ‘torte’
(b) Latin word ‘tortum’
(c) Greek word ‘torque’
(d) Spanish word ‘torto’
Answer:
(b) Latin word ‘tortum’
Question 8.
Which of the following describes the objective of the Transfer of Property Act?
(a) Regulate the transfer of property between all persons.
(b) Regulate the transfer of property between living persons.
(c) Regulate the transfer of property through a will
(d) None of the above
Answer:
(b) Regulate the transfer of property between living persons.
Question 9.
Match the following (1)
| Column I | Column II |
| A. Copyrights | 1. Name and logo of a product |
| B. Patents | 2. Books |
| C. Trademark | 3. Information |
| D. Trade Secrets | 4. Mobile phones |
Codes
A B C D
(a) 4 1 2 3
(b) 2 4 3 1
(c) 2 4 1 3
(d) 3 4 1 2
Answer:
(c) 2 4 1 3
Which of the following acts is popularly known as umbrella legislation?
(a) The Water Prevention and Control of Pollution Act, 1974
(b) The Air Prevention and Control of Pollution Act, 1981
(c) The Factories Act, 1948
(d) The Environmental Protection Act, 1986
Answer:
(d) The Environmental Protection Act, 1986
Question 11.
Which legal entity can be dissolved using an agreement?
(a) Partnership
(b) Sole proprietor
(c) One-person company
(d) Limited liability partnership
Answer:
(a) Partnership
Question 12.
A, a Christian wanted to report a violation done to his person. Which of the following commissions can be approached by him?
(a) National Commission for Minorities
(b) National Commission for SCs and STs
(c) National Commission for Human Rights
(d) All of the above
Answer:
(a) National Commission for Minorities
Question 13.
Directive Principles of State Policy (DPSP) are provided under which Part and Article of the Indian Constitution?
(a) Part IVA, Article 51A
(b) Part III, Article 51A
(c) Part IV, Articles 36-51
(d) Part III, Article 12-35
Answer:
(c) Part IV, Articles 36-51
Question 14.
Assertion (A) The National Commission for Minorities was enacted in the year 1992.
Reason (R) The primary objective is to safeguard the human rights of minorities, including protection against inequality and discrimination.
Codes
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A)
(b) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A)
(c) Assertion (A) is true, but Reason (R) is false
(d) Assertion (A) is false, but Reason (R) is true
Answer:
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A)
Question 15.
Which law provides a framework for domestic law on international arbitration?
(a) The United Nations Convention on Contracts for the Sale of International Goods (CISG)
(b) The UNCITRAL Model Law on International Commercial Arbitration
(c) The Geneva Convention on the execution of foreign arbitral awards
(d) None of the above
Answer:
(b) The UNCITRAL Model Law on International Commercial Arbitration
Question 16.
Assertion (A) The office of the Attorney General for the Union of India and the Advocate General for the concerned States are Constitutional offices.
Reason (R) The Constitution of India has also laid down the qualifications necessary for being considered for the position of the Attorney General and the Advocate General. (1)
Codes
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A)
(b) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A)
(c) Assertion (A) is true, but Reason (R) is false
(d) Assertion (A) is false, but Reason (R) is true
Answer:
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A)
Question 17.
In which of the following areas is the public international law applicable?
(a) Peace and security trade
(b) Weapons international crimes
(c) Human rights intellectual property
(d) All of the above
Answer:
(d) All of the above
Question 18.
An arbitration which is governed by parties themselves, without recourse to a formal arbitral institution are called
(a) Institutional arbitranon
(b) Ad-hoc arbitration
(c) International arbitration
(d) Domestic arbitration
Answer:
(b) Ad-hoc arbitration
Question 19.
The Contract Act was enacted in
(a) 1870
(b) 1871
(c) 1872
(d) 1873
Answer:
(c) 1872
Question 20.
The distinction between movable and immovable property was made in the case of
(a) Marshall V. Green
(b) Shanta Bai V. State of Bombay
(c) Cooper V. Cooper
(d) None of the above
Answer:
(b) Shanta Bai V. State of Bombay
SECTION B
Question 21.
Why is the Supreme Court called the Court of Record? Give reasons.
Answer:
The Supreme Court is called a court of record because the judgements, proceedings and acts of the Supreme Court are recorded for permanent memory and witness. These records are accepted to have evidence value and cannot be challenged. They are accepted as legal precedents and references.
Question 22.
How were the institutions of Lokpal and Lokayukta formally recognised?
Answer:
The institutions of Lokpal and Lokayukta were given formal recognition, by passing of the Lokpal and Lokayukta Act, 2013.
Question 23.
List down any two essential features of tort, (2)
Answer:
The essential features of tort include the following
(i) Tort is a civil wrong wherein the legal right of a person is violated. Thus, there is a breach of duty towards him.
(ii) It is different from a breach of contract or a breach of trust.
Question 24.
Discuss different types of intellectual property rights in India and specify their names only in the answer.
Answer:
There are seven different kinds of IP rights recognised in India. They are copyright, trademarks, patents, geographical indications, plant varieties, industrial designs, and designs for semi-conductor integrated circuits.
Question 25.
What is the composition of the National Human Rights Commission?
Answer:
The National Commission is headed by the Chairperson who is a former Chief Justice of the Supreme Court.
The other members of commission are
- One member who is a former judge of the Supreme Court,
- Another member who is present or former Chief Justice of a High Court, and
- Two other members with knowledge or experience in matters relating to human rights.
Besides, there is a Secretary General who is the Chief Executive Officer of the Commission who largely discharges administrative duties of the commission.
Question 26.
What do you understand about international law?
Answer:
International law came to be known as a framework of rules and principles binding the relations between states and governing their conduct amongst themselves.
Question 27.
Neha and Rani are good friends and have also completed a degree in law. As fresh graduates, Neha is keen to contribute in policy making and Rani wants to specialise in commercial and economic laws. Mention the fields that they can specialise in.
Answer:
Neha and Rani could choose public policy and corporate sector. Lawyers have an important role in formulating and advising on public policy. Several organisations employ law graduates for policy making and have institutionalised fellowships where law graduates can be Research Assistants. An inhouse counsel will give legal advice to the company, have expertise in the business of the company and be responsible for ensuring that the business of the company is being run in compliance with applicable laws and when required will bring in external lawyers.
Question 28.
How has the Supreme Court diluted the provision of ‘locus standi’?
Or
Differentiate between Article 32 and Article 226 in one point only.
Answer:
The Supreme Courts has diluted the doctrine of locus standi (right to appear before or petition the court) through its judicial review practice, for the enforcement of fundamental rights of those who lack access to Courts due to poverty or social and economic disabilities.
Or
Article 32 provides a person to initiate writs (Habeas corpus, Mandamus, Prohibition, Quo- warranto and Certiorari) in the Supreme Court for the enforcement of fundamental rights.
On the other hand, Article 226 provides a person to initiate similar writs in the High Courts for the enforcement of fundamental rights.
SECTION C
Question 29.
Rohit has a Saving Bank Account with Zono Bank. Being an employee of TTS Co. Ltd, his salary and other allowances were being directly credited to his account with the bank. He alleged that the bank had issued a cheque book without his knowledge to someone else and had passed cheques which were not drawn by him. The total amount so fraudulently withdrawn from his account amounted to 100,000.
(a) Identify the agency he can approach for the redressal of his grievance.
(b) State its functions.
Answer:
(a) The Agency Rohit can approach for the redressal of his grievance is Banking Ombudsman, who is a senior official appointed by the Reserve Bank of India to redress customer complaints against deficiency in certain banking services.
(b) The Function of Banking Ombudsman are as follows
- A Banking Ombudsman is responsible for matters relating to non-payment or delay in collection of cheques, bills, drafts, etc.
- Failure to issue or delay in issues of banker’s cheques, failing to honour guarantee or letter of credit commitments all fall under the ambit of the responsibilities of a Banking Ombudsman.
- A Banking Ombudsman receives complaints regarding non-adherence to any of the banking guidelines laid down by the RBI.
Question 30.
How has the series of three judicial decisions, popularly known as the Three Judges Case, helped in the development of the modern collegium system?
Answer:
A series of three judicial decisions popularly known as the Three Judges Cases helped in the development of the modern collegium system in the following ways
The first Judges case (1981) gave primacy to the Executive and stated that the CJI’s recommendation to the President can be refused for cogent reasons. It gave vast powers to the Executive for the next 12 years, in making judicial appointments.
In the second Judges case (1993), the decision in the first case was modified. It decided that the Chief Justice of India has primacy in the matter of appointments to the Supreme Court and the High Courts.
In 1998, the Supreme Court in a Presidential reference (1998 advisory decision) emphasised upoĊ the role of ‘consultation’ and held that the process of appointment of Judiges to the Supreme Court and the High Courts is an integrated participatory consultative process.
Question 31.
What is the general procedure for the division of powers between Centre and States?
Answer:
The general procedure for the division of powers between Centre and States is as follows
Article 246 of the Constitution states that the Parliament has exclusive legislative authority over items listed in the ‘Union List’ (List 1 of the Seventh Schedule of the Constitution.
It further states that both the Parliament and the Legislature of any State have the authority to pass legislation on the subjects included in the ‘Concurrent List’ (List III of the Seventh Schedule of the constitution).
With respect to states, the Legislature of any state has the authority to make laws over the items in the ‘State List’ (IAst II of the Seventh Schedule of the constitution).
Article 246 provides for a clear separation of law-making authorities (division of powers) as well as opportunities for convergence between the Centre and the State.
Question 32.
In a Continental European Country, only the legislature has the power to create laws and rules. Here the judge is allowed to decide the presentation of specific form of evidence and the role of judge is an active one in a way that he is even allowed to take active part in investigation.
(i) To which system of adjudication does the judge belong to?
(ii) State the type of jurisdiction followed in the country.
(iii) State any one advantage and any one disadvantage of the system of adjudication identified above.
Answer:
(i) The judge belongs to the adversarial system of adjudication.
(ii) The country follows a civil law system of jurisdiction.
(iii) An advantage of adversarial system is that in this system the use of cross-examination can be an effective way to test the credibility (genuineness) of witnesses presented, A disadvantage of adversarial system is that in this system, the cost of the justice system falls upon the parties.
Question 33.
When can a case be refered to Lok Adalat? State the powers of Lok Adalats while trying a suit.
Or
How does the concept of Lok Adalat came into being?
Answer:
Lok Adalat takes up cases which are civil in nature (including marriage, and family disputes) and compoundable criminal cases. It accepts cases pending in regular court under their jurisdiction.
The Lok Adalat shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure (1908). Further, a Lok Adalat shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it.
Or
In ancient times, the disputes were referred to ‘panchayat’s’ which were established at village level. Panchayats used to resolve the dispute through arbitration. It has proved to be a very effective alternative to litigation.
This concept of settlement of dispute through mediation, negotiation or through the arbitral process known as decision of ‘Nyaya Panchayat’, is conceptualised and institutionalised in the philosophy of Lok Adalat.
It involves people who are directly or indirectly affected by dispute resolution. The evolution of the movement called Lok Adalat was a part of the strategy to relieve heavy burden on the Courts with pending cases and to give relief to the litigants who were in a queue to get justice.
Question 34.
Susheela io a minor who looks older than her age. Subroto is a major who enters into a contract with Susheela thinking that she is a major too. Later, Subroto found that Susheela is a minor.
(a) Is the contract valid ? Give reasons.
(b) State the exception to the rule regarding capacity to contract by a minor as stated in the Indian Contract Act, 1872.
Answer:
(a) As per the Indian Contract Act, 1872, a contract entered into with a minor is void. In the given situation, the contract is void as Susheela is a minor. The fact that she looked older cannot validate the contract.
(b) As per the Indian Contract Act, 1872, a contract entered into with a minor is void in all cases except where the contract has been entered into for the benefit of the minor. For example, a contract to provide essential supplies to the minor till he attains the age of 18.
Question 35.
What constitutes tort of negligence?
Answer:
Negligence is defined as the breach (violation) of the duty to take care, which results in damages.
In other words, it means the wrong-doer or the defendant has been careless in a way that harms the interest of the victim or the claimant.
For example, when the defendant carries out an act of constructing something on her premises, she owes a duty of care towards the claimant (and anyone in proximity).
The standard of duty of care depends on whether the claimant was on the site or in the neighbourhood, as well as whether the claimant was a lawful visitor or a trespasser.
Question 36.
Briefly discuss the two cases on movable and immovable property.
Or
Write a short note on the doctrine of lis pendens.
Answer:
A movable property is a property that can be moved from one place to another. It is governed by the Sale of Goods Act. Immovable Property refers to a property that cannot be moved from one place to another. It is governed by the Transfer of Property Act.
Two cases on movable and immovable property are
– In Shanta Bai v. State of Bombay (1958), the distinction between movable and immovable property was observed. If the intention is to reap fruits from the trees, it will be regarded as an immovable property. But if the intention is to cut down the tree and use it as timber, it would be regarded as movable property.
– In Marshall v. Green, there was sale of trees wherein the trees were cut and taken away. The Court held that the sale was not that of immovable property.
Or
The doctrine of lis pendens emerged from the Latin maxim ‘ut lite pendent nihil innoveteur’ which means that ‘nothing new should be introduced in a pending litigation’. When a suit or litigation is pending on an immovable property, that immovable property cannot be transferred.
The main objectives of doctrine of lis pendens are
- To avoid endless litigation.
- To protect one of the parties to the
- litigation against the order of the Court.
- To avoid the abuse of any legal process.
Further, to constitute lis pendens, the following conditions should be satisfied
- There must be a suit or proceeding involving the immovable property.
- Such a suit or proceeding must be pending before the Court that is competent to try it.
- The right to the immovable property must be in question in the suit or proceeding.
- The property in litigation should be transferred.
- The transferred property should affect the rights of the other person to the transfer.
SECTION D
Question 37.
The two broad models of the legal system differ in their techniques of adjudication ar justice delivery mechanism. Elaborate.
Answer:
The two broad models of the legal system are inquisitorial and adversarial model.
Courts in India follow adversarial form of adjudication rather than the inquisitorial approach. Under an adversarial arrangement, the role of lawyer representing the party becomes crucial. Lawyers of the opposing parties present their cases before an impartial judge, and the judge provides a decision based on the merits of the case as given by the lawyers.
On the other hand, judges are more proactive in making decisions under the inquisitorial system of law. They have the right to enquire and look into the problem, much like the police, as compared to the functioning of impartial judges.
Question 38.
Discuss the Indian principal of absolute liability,
Or
Discuss how tort law protects us against the different kinds of harms.
Answer:
In India, principle of absolute liability was introduced by the Supreme Court in the aftermath of the two instances of gas leaks from factories injuring many.
The first case was about the infamous Bhopal gas leak disaster of 1984 where a factory of the Union Carbide Corporation located in Bhopal had a major leakage of the gas methyl isocyanate that killed, and injured many people.
In the second incident of 1985 in Delhi, a factory of the Shri Ram Foods and Fertiliser Industries leaked oleum (acid) gas that killed one person that had few others hospitalised and created huge panic among the residents.
In the second case, the court decided that if an industry/enterprise is engaged in some inherently dangerous activity for commercial gain and that activity is capable of causing unfortunate damage, then the industry officials are absolutely liable to pay compensation to the aggrieved parties.
The industry cannot plead that all safety measures were taken care of by them and that there was no negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of ‘Act of God’ or ‘Act of Stranger’.
Or
Tort law protects us against the different kinds of harms in the following ways
Property Interests in Land The law of tort protects the claimant’s interests in her landed property by preventing intentional intrusions or trespass of the property by the defendant or the wrong-doer.
Other Types of Property Law of tort prohibits taking away of tangible property deliberately, which amounts to the tort of ‘conversion’.
Bodily Injury Law of tort protects the claimant against any harm to his/her interests of bodily integrity. Tort of battery and assault applies to any intentional harm caused to the body.
Economic Interests Injury caused by both intentional act as well as negligence can cause economic harm to the claimant. The economic interests are also protected by the law of tort to a lesser extent.
Question 39.
The two broad models of legal systems differ in their techniques of adjudication and justice delivery mechanism. Elaborate.
Or
Deep Mohanty and Raghav Nair are neighbours in an apartment complex. Large flowering pots kept on the balcony of Deep’s flat have caused scepage and weakened the ceiling above Raghav’s balcony. The latter demands that Deep remove the plants and a dispute ensues.
Identify and explain the alternative dispute resolution mechanism that is best suited in the given situation. Also explain its process.
Answer:
The two broad models of legal systems are adversarial system and inquisitorial system
In an adversarial system, the parties in a legal proceeding develop their own theory of the case and gather evidence to support their claims. The parties are assisted by their lawyers who take a proactive role in delivering justice to the litigants.
The lawyers gather evidence and even participate in cross-examination and scrutiny of evidence presented by the other disputing party. The role of the judge/decision-maker is rather passive as the judge decides the claims solely based on the evidence and arguments presented by the parties and their lawyers.
In an inquisitorial system, the judge/decision- maker takes a centre-stage in dispensing justice. The role of the judge/decision-maker is active as he/she determines the facts and issues in dispute. The judge/decision-maker also decides the manner in which the evidence must be presented before the court.
Or
The method best suited in this situation is mediation.
Mediation is a method of ADR in which parties appoint a neutral third party. This neutral third party facilitates the mediation process in-order to assist the parties in achieving an acceptable, voluntary agreement. Mediation is premised (based) on the voluntary will of the parties and is a flexible and informal technique of dispute resolution.
Process of Mediation
Mediator is the neutral third party facilitating the process of mediation. Mediation does not follow a uniform set of rules, though mediators typically explain the rules that the mediation will observe at the beginning of the process.
Successful mediation often reflects not only the parties’ willingness to participate, but also the mediator’s skill. There is no uniform set of rules for mediators to become licensed and rules vary by state regarding requirements for mediator certification.
Mediation may be triggered in three ways
(i) Parties may agree to resolve their claims through a pre-agreed mediation agreement without initiating formal judicial proceedings (pre-litigation mediation).
(ii) Parties may agree to mediate, at the beginning of formal Court proceedings (popularly known as Court referrals).
(iii) Mediation may be taken recourse of, after formal Court proceedings have started, or even post trial i.e. at the appellate stage.
Question 40.
Describe the historical background and development of intellectual property rights.
Or
What is a trademark and how is it different from a tradename?
Answer:
The importance and role of intellectual property protection emerged with the establishment of the World Trade Organisation (WTO) in the Trade-Related Intellectual Property Systems (TRIPS) Agreement. It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) treaty in 1994.
The TRIPS Agreement came into effect on 1st January, 1995 and is the most comprehensive multilateral agreement on intellectual property. It encompasses all forms of intellectual property and aims at harmonising and strengthening standards of protection, and providing effective enforcement of intellectual property rights at both national and international levels.
India being signatory to the TRIPS Agreement has passed several legislations for the protection of intellectual property rights to meet the international obligations.
Some of these legislations are listed below
Trade Mark Act, 1999
Designs Act, 2000
Copyright Act, 1957 (as amended)
Patents Act, 1970 (as amended)
Geographical Indications of Goods (Registration and Protection) Act, 1999
Protection of Plant Varieties and Farmers’ Rights Act, 2001
Or
Trademark is a brand entity which has a capability to distinguish one’s goods and services from another person’s goods and services.
Trademark includes word, design, logo, shape of goods, their packaging and combination of colours. Trademark rights in India are statutorily protected by the Trademark Act, 1999.
Both trade names and trademarks are important elements of a company’s brand and play a crucial role in building and protecting the company’s reputation and identity.
A trade name is the official name under which a company operates and is also known as a doing business as name or assumed name. On the other hand, a trademark is the name, symbol, logo, slogan or sound that a business uses to market its products and services. It is a unique identifier that helps consumers to differentiate the products and services of one company from those of another.
A trade name does not provide brand name protection on its own, but registering it is an important step in protecting the name. On the other hand, a trademark provides protection for a brand name and helps to distinguish a company’s products and services from those of others.
In many cases, a company’s trade name becomes its trademark, such as the example of Google. Registering a trademark offers additional protection and helps to secure the brand’s identity.